Kristy L. Kerwin

The respondent insurer brought a preliminary motion to dismiss the applicant's claims for attendant care and housekeeping benefits, arguing they were statute-barred because the applicant failed to dispute a 2012 denial within two years.

The applicant was deemed catastrophically impaired in 2015.

Applying the discoverability rule and the Court of Appeal's decision in Tomec, the Tribunal found that the limitation period did not commence until the applicant was denied benefits based on his catastrophic designation, which occurred in 2017.

Therefore, the application was not statute-barred and the motion was dismissed.

The applicant requested a reconsideration of a case conference order requiring him to produce a list of relevant, non-privileged documents from his accident benefits file.

The applicant argued this breached procedural fairness and was overly burdensome given the 13-year-old file.

The Vice Chair dismissed the request, finding the applicant misunderstood the order, which did not require producing the entire file or privileged documents, and that the order was within the adjudicator's discretion to ensure procedural fairness for both parties.